Appeal also highlights post‑trial discovery delay and whether ineffective‑assistance claims were lost During oral argument in State v. Charlie Martinez, judges and counsel debated whether a nine‑month delay by the State in responding to post‑trial discovery requests prevented defense from pressing an ineffective‑assistance claim at the motion for new trial stage; the court heard arguments and reserved decision.

A nine-month delay in the State's response could mean the difference between justice and a lost claim for ineffective assistance in the Martinez appeal.

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